| Penny Mac Corp. v Bradley |
| Motion No: 2017-12044 |
| Slip Opinion No: 2018 NY Slip Op 84222(U) |
| Decided on September 21, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M255570
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2017-12044, 2017-12219 Penny Mac Corp., respondent, v Donald Bradley, appellant. (Index No. 509000/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated September 25, 2017, and a judgment of the same court also dated September 25, 2017, for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is granted to the extent that the appeal from the judgment is dismissed, without costs or disbursements, for failure to timely perfect (see 22 NYCRR 1250.9[a]; former 22 NYCRR 670.8[e]), and the motion is otherwise denied as academic.
SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court